Dayton Criminal Defense
Dayton has a robust and diverse economy and has been listed as one of the best spots in the nation for college graduates to find a job. While the city might be a great place for job seeking, a criminal charge can easily ruin your career plans.
In many situations, police and prosecutors will add on additional charges to a DUI case. These could be closely related to the DUI, such as illegal possession of a controlled substance, or completely coincidental, like a federal gun violation. Additional criminal charges are just as serious as the DUI charge, and need to be handled correctly. If you are being charged with a crime, contact the attorneys at Suhre & Associates as quickly as possible.
Keys to Successful Criminal Defense
There are two elements to any criminal case: the facts and the law. Prosecutors must provide sufficient evidence to prove that certain events did occur. They must then convince the court that the events as they occurred constitute a violation of the law. A successful criminal defense will be focused on attacking one or both of these elements.
To prepare your defense, an attorney at Suhre & Associates will review the facts and the evidence produced by the prosecution. This could include statements you have made or statements made by the police officers regarding the arrest. We will identify flaws in the evidence and look for opportunities to have evidence deemed inadmissible. We will also examine the laws around your case, such as statutes, procedural requirements, and legal precedent, and identify laws which protect you and favor your case.
The Criminal Justice System Process
It may look intimidating but we can guide you through the criminal justice process and help you prepare for each step. They are as follows:
Your first court appearance is called the arraignment. It can occur the day after you were charged or even weeks later. All the charges against you are presented at this appearance in District Court. It is at this time you are given the choice to plead guilty or not guilty. The judge will review your bond at this time if you are still in jail. The judges options include:
- Release on Own Recognizance (you are released under condition you promise to return)
- Require Signature Bond (like signing a signature loan)
- Require cash bond in a particular amount (you must pay cash to be released)
- Require property bond (You must verify the value of your property)
*Except release on your own recognizance, failure to appear will cause you to forfeit your bond.
If you plead not guilty, the court will schedule your next court appearance.
If you are accused of a misdemeanor or traffic violation, the trial or pre-trial conference will be the next court date.
If you are facing felony charges, your next court appearance will be what is called a preliminary hearing. This is where the prosecution shows evidence that there is probable cause that your charge is valid. This is usually demonstrated through the testimony of the arresting officer. The case is then sent to a grand jury where a formal indictment will be issued. The case is then sent to the Circuit Court where you will have another arraignment.
Pre-trial Conferences give your attorneys a chance to work toward several goals. They present the best opportunity to negotiate a plea agreement. This plea agreement could include unlimited options including:
- Random Drug Testing • Probated Jail Time
- Fines • Court Costs
- Drug & Alcohol Evaluation/Treatment • Active Jail Time
- No Contact with person or premises • 3rd Party Mediation
- Classes • License Suspension
Pre-trial Conferences are also the time when your attorney works with the prosecutor to review the evidence against you and evaluate how they plan to present the evidence in trial. This is also where the prosecution confirms they have given your attorneys copies of the evidence against you.
Pre-trial Conferences are also a time when motions from either side can be heard by the court regarding venues and restrictions on evidence and other relevant topics to the type of trial and restrictions on the defendant.
Except in the case of minor infractions, in Ohio you are allowed to have a jury trial by your peers. You can also waive that right in deference for a bench trial, where the judge will act as the jury and decide the case. Your attorney will know the best option depending on your charge and the facts of your case.
The prosecution present its evidence first in a bench trial followed by the defense. Additional argument may be made on each side to the judge before he or she renders a decision.
A jury trial requires several steps, to prepare and educate the jury. They are instructed on the questions they need to answer and the consideration they must have for the evidence. The jury will answer whether you are guilty beyond a reasonable doubt.
The steps of a trial include selecting a jury and opening statements by each side. The prosecution then presents evidence and then the defense. Closing arguments from each side precedes the judge’s instructions to the jury. The jury then deliberates and presents the judge with their decision.
At this point, you have either been found guilty or not guilty. However, there is more to be done. This may include motions for a reconsideration of judgment, appeals, and requests for expungement.
If you are innocent or guilty, expungement requests may still be needed. Your charge will still be shown in court records even though you were found not guilty.
If the expungement is granted, all case records can be sealed.
Our Experience Will Make The Difference
When you are facing criminal charges, it may feel like you are being attacked from all sides. We take that feeling away since we have experience in all types of criminal cases. As our client, we will handle it all for you.
Our practice focuses on DUI but we also have extensive experience defending all manner of criminal charges. Whether your case involves a DUI and a companion criminal charge or just criminal charges – the attorneys at Suhre & Associates, LLC can help. Call us today to schedule a no obligation no cost consultation.